SEPARATE OPINION OF JUDGE LACHS
At the outset, 1 am impelled to express my regret at what, to mymind, is
a strange occurrence in the present case. It was stated that much of the
evidence was "of a highly sensitive intelligence character" and asserted
that the Respondent would "not risk United States national security by
presenting such sensitive material in public".
151
SEPARATE OPINION OF PRESIDENT NAGENDRA SINGH
While fully endorsing the operative holdings of the Court in this Judg-
ment, 1have considered it necessary to append this separate opinion to
emphasize certain aspects which 1consider essential, either from the legal
standpoint or for promoting peaceful community existence of sovereign
States.
DISSENTING OPINION OF JUDGE SCHWEBEL
TABLE OF CONTENTS
Paragraphs
SUMMARY
II.QUESTION OSFJURISDICTION
A. The jurisdictional issues 3
B. The question of whether Nicaragua has standing to maintain claims
under the Optional Clause
1. The essence of Nicaragua's claims of standing 4
SEPARATE OPINION OF JUDGE SIR ROBERT JENNINGS
Whilst agreeing with the Court's decision that it hasjurisdiction under
the 1956Treaty of Friendship, Commerce and Navigation, in respect of
any breaches of the provisions of that Treaty, and that suchclaims arealso
admissible, 1regret that 1am unable to concur with the Court's decision
that it hasjurisdiction under Article 36,paragraph 2,of the Court's Statute.
1shall explain my reasons, as briefly as may be.
SEPARATE OPINION OF JUDGE AG0
[Translation]
SEPARATE OPINION OF JUDGE ODA
Pages
Chapter 1 . Nicaragua's Declaration of 1929 for acceptance of the Optional
Clause ............................ 473
Chapter 2 . Article 36. paragraph 5. of the Statute .......... 478
Chapter 3 . Nicaragua's position in respect of the Optional Clause .... 483
SEPARATE OPINION OF JUDGE MOSLER
SEPARATE OPINION OF JUDGE RUDA
1.1 have voted in favour of subparagraphs 1 (a), 1(c) and 2 of the
operative provisions of the Judgment, but since 1 have voted against
subparagraph 1 (b) and do not concur in some important points with the
reasoning of the Court, 1am bound to append this separate opinion. This
opinion will refer to three subject: the 1956Treaty of Friendship as a
basis of thejurisdiction of the Court, Provisoof the 1946United States
Declaration, and the conduct of the States as a basis of thejurisdiction of
the Court.
SEPARATE OPINION OF JUDGE NAGENDRA SINGH
DISSENTING OPINION OF JUDGE SCHWEBEL
While 1 am in agreement with many elements of the reasoning of the
Judgment of the Court, 1regret to dissent fromthe Judgment in twocritical
respects. In my view, the delimitation line which it lays down is unduly
truncated to defer to the claims of Italy ; and the line is not a median line
between the opposite coasts of Libya and Malta but a "corrected" median
linewhich, as rendered, is incorrect, that is to Say,is inadequately justified
by the applicable principles of law and equity.